With Holding Evidence
by Dixie Dewdrop
Summary: When you are nine, and Tony, withholding evidence seems likes a good idea. This is part of my Fate series.
1. Noah

Noah

Tony and Dylan got off the school bus at the stop in the middle of their neighbourhood street. Their good byes to their neighbours and to each other were subdued, however, and they headed in opposite directions to their homes.

Tony slowed his steps to give himself time to think before he made it to his own house. He was worried, and had been trying to plot a course of action during the entire bus ride from his middle school. He and Dylan had enjoyed quite a rambunctious day, which they found hilarious, but which their fourth grade teacher viewed as disruptive. They had ignored her warnings and reprimands and continued with a day of throwing paper and spitballs, interrupting instructions, and generally doing all they could to establish themselves as the class entertainers.

As fourth graders, both boys were actually very intelligent and capable students. Usually they were well behaved, and required little prodding to get back on task when they were off. However, a new boy had entered the class the week before, and had brought with him an attitude of daring and rebellion. Dylan and Tony were impressed with his devil may care attitude, and spent the next few days marvelling at the disrespect Noah, the new nine year old, showed teachers, his refusal to follow rules, and his generally unacceptable behaviour.

This particular morning had begun with the teacher outlining the material they would cover for the day.

Noah had immediately challenged Mrs. Johns, "When you come up with something fun for me to learn, we'll learn it. Otherwise, count me out!"

Tony and Dylan exchanged shocked glances at the disrespect, then sat back to enjoy the show. By lunch Noah had been sent to the office, and Tony and Dylan found that to be heroic, a Noah martyr for their class. They spent the rest of the afternoon taking over where Noah had left off, though on a smaller scale. Nevertheless, they did some damage to the learning environment.

At the end of the day Mrs. Johns sent the rest of the class to dismissal with another teacher's class and ordered Tony and Dylan to take their seats. They looked nervously at each other as she catalogued a long list of their misbehaviour, and then really got scared when she handed both of them sealed envelopes.

"Take these letters home with you. Dylan, I expect yours returned tomorrow signed by either your mom or dad, and Tony, I want a signature on yours from either your dad or grandmother. They are due in my hands tomorrow morning. Do you understand?"

Suddenly they regretted their fun. The boys nodded miserably, and she dismissed them, letters stuffed into their bookbags.

So Tony walked home much like a lamb to the slaughter. If he could guarantee anything, it would be that he would regret every second of his day's behaviour once his abuela or dad saw the letter. They would absolutely hit the roof. School was serious business with them, and they both were vigilant about staying on top of his grades and classwork.

Tony grimaced. He had a lot at stake if they saw what Mrs. Johns had sent. He didn't even have to read it to know that a spanking or some type of restriction was going to be on the line.

Suddenly, he wished he had ignored Noah, rather than attempt to copy him. It was too late to reverse the events already set into motion.

When he walked in the house he could smell delicious aromas from the kitchen. He dropped his bookbag in the living room, then made his way to greet Maria Osirio, his abuela.

She smiled when she saw him and he put his arms around her waist and hugged her. He loved her deeply, and had never known a time in his life when she was not part of it. She brushed back his bangs and said softly, "I have you a snack ready, Antonio. I know you are hungry since lunch."

He nodded and sat down, taking advantage of having his mouth full to answer her questions about the school day in only monosyllabic replies. He cleaned up his dishes and made his way to the living room, where he pulled his books out of his bookbag to begin his homework. The letter fell out as he reached in for his Social Studies book and he quickly shoved it back down in the bag.

Supper was quiet, and he asked to be excused as soon as he could. As he slid from his chair his father told him to bring his homework, and Tony's heart beat a little faster before he reminded himself that his dad checked over his work every night. This was his opportunity to come clean and produce the teacher's note, but he just couldn't. He wanted to watch television, and he did not want to be grounded. He'd figure out how to get around the letter before he got to school the next day.

Dylan met him at the bus stop the next morning, and the two looked each other over. Dylan spoke first. "My life is ruined. They put me on restriction for the rest of the week and the weekend, thanks to Mrs. Johns. How about you?"

The bus pulled up and Tony answered as he boarded. "I didn't give it to them."

Dylan's eyes widened with shock. "You are going to be in more trouble! Have you lost your mind?"

Tony nodded, "I know."

The second they entered homeroom Dylan handed his letter over. Mrs. Johns opened it, read the response, and nodded in Dylan's direction. She looked pointedly at Tony. He turned his most disarming gaze her way, long eyelashes framing his green eyes as he regarded her seriously. "Mrs. Johns, my grandmama asked to keep the letter to show my dad when he gets back. He's out of town right now."

Mrs. Johns regarded him. Tony was on the small size, with brown hair flecked with blond and a charming, bubbly personality. Thus far he had never been dishonest with her, though she had never sent a note home, either. She decided to give him the benefit of the doubt. "Ok, Tony, but I want that letter returned with a signature tomorrow."

He nodded and slipped into his desk, risking a sideways glance to Dylan. He shrugged his shoulders and mouthed, "no" in an effort to get Tony to just come clean. Tony chose to ignore him.

Tony and Dylan were normally good students, and the teacher was pleased that she had such great back up from parents. When they got off the bus that afternoon Dylan pulled Tony to the side and cautioned, "I think you are going to get into a whole bunch more trouble if you don't go tell the truth."

"Maybe not," Tony contradicted. "If I can wait long enough Mrs. Johns will forget to ask about the letter."

Dylan voiced his protests, then bid him good bye, practically running towards his house. "I will get in more trouble if I don't get home fast. The parents are already mad enough, and I don't want to get them angrier."

Tony nodded and made his way to his own home.


	2. Daddy

Daddy

The next day played out almost the same as the previous one, with Tony assuring Mrs. Johns that his dad still hadn't returned.

That afternoon he smelled gingerbread as soon as he opened the door, and he raced into the kitchen calling, "Abuela, you made gingerbread today, didn't you?"

She was cutting vegetables at the counter and smiled when he skidded to a stop by her. He threw his bookbag towards the table, not realizing that it was unzipped. Everything fell out onto the floor, and she turned to help him pick up the materials. A flash of horror went through him, and he scrambled to shove all his papers back into the bag.

It was too late. The envelope had fallen on top, and it was the first piece of paper picked up by Maria. Noting that she and Agent Gibbs were the recipients listed on the front, she frowned and narrowed her gaze at Tony. Tony didn't move, frozen in place, as she tore open the seal and gave the letter a cursory glance. "This is dated two days ago. When did you get it, Nieto?"

Tony decided not to lie, and whispered, "Then, Abuela, I have had it since then."

She reached over and yanked Tony by the arm, turning him to level a hard smack on his rear end. He flinched and she ordered, clearly angry, "Get all of this up and go to your room and do your homework. Do not leave your room until I tell you. Permanezca en su habitación. Comprender?"

Tony nodded, grabbed his school things, and made his way to his room.

An hour later he heard his dad arrive, and then their voices. Obviously they were discussing him, the contents of the letter, and the fact that he had hidden it from them. Tony finished his last math problem and slid his notebook and book into the bag, zipping it and setting it on the floor. He leaned his chin on his crossed arms on the desk and peered out the window. He was in serious trouble, and he knew it.

"Tony?" called his dad's voice from the door.

He turned and attempted to smile, failed, then replied, "Yes sir?"

Jethro didn't answer, but crossed the room and sat down on the edge of Tony's bed, across from where Tony sat in his desk chair. Tony looked down at the floor, waiting to hear what his dad would say. He didn't have to ask if Abuela had shared the letter- he could tell it by the set of his dad's face and by his body language.

"Start talking, Son, and I want to hear you tell me everything you should have told me a couple of days ago," Gibbs commanded softly.

Tony's eyes filled immediately, and he used a hand to wipe back the couple of tears that spilled down his cheek.

Gibbs gave him a moment to compose himself and then added, "Make sure that you tell me the same truth which Mrs. Johns has already shared in her letter."

There was no way to deny anything. His father had the proof already. Tony started speaking, describing the day and the subsequent decision to not turn over the letter, and his denial to his teacher over why his letter was not returned.

Jethro didn't say anything until he finished, then he leaned towards Tony, resting his elbows on his knees. "All right, now I want you to give me a list of everything you should not have done, beginning two days ago."

Tony looked miserably at his father, knowing that Jethro expected him to take responsibility for his actions. He couldn't blame Noah, or Dylan, or anyone else for the events, and that meant he'd have to put the weight of the debacle on his own nine year old shoulders. Nevertheless, he complied, looking to see if his father appeared satisfied when his halting explanation finished.

Jethro looked at him appraisingly, and Tony dropped his eyes and studied his desk top. His father leaned over and tapped him under the chin. "Look right at me, Anthony."

Tony did, and Jethro continued, "You had no right to keep a letter that wasn't yours, you lied to Mrs. Johns, to Abuela, and to me, directly or indirectly, and your behaviour at school was unacceptable and inexcusable. Did I miss anything?"

Tony nodded, dread clutching his stomach, but Jethro's tone was sharp, "I want a verbal answer."

"No sir, you got it all."

"Is there anything you want to add?"

Tony flinched at the words and the way they were said. His dad's whole tone of voice now was the same one he adopted when he was about to put his son across his knee.

Tony s realized there was nothing he could say to excuse his actions. He shook his head, then answered, "No, I know I was wrong, Dad. Dylan and I were really acting stupid, and I don't blame Mrs. Johns for being upset. I know better than to not tell you or Abuela a message from my teacher, too." Tony stopped and took a breath. "It was lying when I didn't give you the letter, and it was lying when I told Mrs. Johns Abuela wanted to keep the letter."

His father's face softened a bit as Tony's eyes filled and his voice choked with emotion. "Daddy, please, I really don't want a spanking. I promise I won't ever, ever do this again."

"Son, I have no intention of spanking you because of something in the future you plan to do, I am going to spank you for what you just did in the immediate past couple of days. The spanking is going to happen, and was going to happen the moment you did not turn over the letter." his father answered reasonably.


	3. Abuela

Abuela

Jethro stood up then and motioned Tony to stand up as well. When Tony slid off of his chair his dad sat down in his place, then looked meaningfully at him. Copious tears were flowing before the spanking even began. Tony unsnapped and unzipped and uncovered as slowly as possible, hoping his father would change his mind. Nevertheless, he was pulled over his father's lap, leaving his bottom completely bare and in the line of fire. Instinctively he reached back to exert some self protection, but Jethro ordered firmly, "Move your hands right now, Anthony, or I am going to spank your hands first, then your rear second. It will be much worse for you, I promise." Tony obeyed the command, then buried his face in his crossed arms.

He tried in vain to squirm away from the blistering smacks, and by the time his father's strong hand made its third contact with his bottom he was sobbing loudly in response. He was held firmly, though, and felt every bit of the discomfort elicited from the stinging assault on his rear end. His dad meant he was going to regret his actions the past couple of days. Jethro stopped with eight actual smacks, but left Tony across his knees a while longer until his son's tears began to slow. He loosened his grip at last and Tony slid off, then used one hand to wipe his eyes and the other to pull up his clothing. He had gotten to the age that having his bare bottom exposed was extremely embarrassing, and almost as upsetting as the physical pain of the spanking itself. Jethro stood up and promised softly, "If you ever pull a stunt like this again I will use my belt, Anthony, and you will not want to sit down again for several days. Am I clear, Son?"

"Yes, Dad, I won't do that again," Tony assured him, rubbing at his rear end to try to alleviate the sting.

Jethro put his hand on Tony's shoulder and squeezed. "I am glad to hear that. You have more punishment, though, besides that spanking. There is no television for you for the next week, and no outdoor playing either. You are on restriction until this time next week. I want you to spend some time thinking about poor choices and their consequences."

Tony nodded, and his dad leaned down and kissed him on the forehead. Tony immediately threw his arms around his father's waist, clinging to him, and buried his face against his daddy's stomach. His dad smelled familiar, like sawdust, and coffee, and the outdoors. Jethro stood a couple of minutes like that, not speaking while his son clung to him, but gently rubbing Tony's hair, and back, and shoulders. Tony finally let go of him, and stepped back.

"Feel better now?" Jethro smiled and leaned down to kiss him on the tip of the nose. Tony laughed, breaking the silence, and Jethro did, too, chuckling as he made his way out of the room.

When his father's footsteps disappeared Tony threw himself across his bed on his stomach and buried his head in his arms. This had been a horrible afternoon, and a painful one. Lying there, he reviewed the actions that had gotten him to this point and made a vow to stay as far away from Noah as he could.

Half an hour later there was a knock on the doorframe and he turned to look up. Maria was standing there and she addressed him. "It is almost time for supper, Nieto."

He pulled himself up, wincing as his tender bottom protested. He looked at her and his lip started to quiver.

Maria moved into the room and sat down in the rocker. She didn't say anything, but Tony quickly scrambled off the bed and climbed into her lap and snuggled against her. She rocked slowly, holding him loosely, and finally he spoke, his voice muffled. "I am sorry, Abuela, lo siento."

She looked down, then brushed his bangs away from his face, "I know that."

He reached up and stroked her hair, a habit he had adopted in babyhood when she would rock him to sleep. "Dad spanked me."

She smiled and patted his bottom. "Good, then I won't have to take care of that myself."

Tony had hoped for some sympathy, but realized she wouldn't share any. He moved her other arm around his waist. "It really, really hurt a whole lot, though, Abuela mia. Plus, I'm on restriction."

"Tomorrow, you are going to go to Mrs. Johns and let her know that you realize how inappropriate your behaviour was. Es verdad. Do you need my help, or can you handle that by yourself?"

The veiled threat didn't go past him and he sat up quickly and made eye contact. "What do you mean?"

"I mean that I am going to start picking you up at the end of the day, instead of letting you ride the bus..."

"What?" Tony was horrified. He loved riding the bus and hanging out with his buddies on the ride home from school. Furthermore, it was something he had begged to do for years, but had been denied until this school year. Heretofore, he had always been a car rider.

"No, you have just shown us that you are not as mature as we thought, so you certainly are not going to be allowed to go home on the bus any longer."

Tony turned pleading eyes her way, "Abuela, please, I have learned my lesson. I promise! Please let me ride the bus like always. All of my friends ride the bus. They're not car riders."

"No, Bambino, there is no bus until I can trust you again." Maria answered in the tone of voice that meant the subject was closed for Tony. "Furthermore, I am going to meet with Mrs. Johns each afternoon when I come to get you. If she says your conduct has been bad or you have not worked, then you are going to be in lots of trouble immediately. Comprende?"

Resigned, Tony took a deep breath before he answered, "Comprendo- She won't have anything bad to say. Abuela, I am not going to act like that again, ok? I learned my lesson. Please, though, I will look like a baby if you come to check on me every day, though, like an elementary kid, and don't let me ride the bus with my friends."

Maria looked thoughtful, "When you were spending all of your time cutting up in class you should have devoted some time to deciding what the consequences would be."

Tony didn't bother to respond. There was nothing to say, and no way to defend himself. It was the truth.

Maria kissed him on top of the head and ordered, "Come now, it's time for supper. Go ahead and get out your pajamas first and then come down. You are going to take your bath and go to bed as soon as supper is finished."

She put him down and stood up, then made her way downstairs.

Tony shook his head. An early bedtime was par for the course when he was being punished.

Leaning against his doorframe he caught sight of his bookbag lying beside his desk and shook his head emphatically, then murmured out loud, "I will never, ever, ever in forever withhold evidence again!"


End file.
